Muthukaruppan @ Anbazhagan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2020

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18804 of 2020 Muthukaruppan @ Anbazhagan ... Petitioner Vs.

State rep by ... Respondent Inspector of Police, Sethiyathope Police Station, Cuddalore District (Crime No.1015 of 2020) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.1015 of 2020, pending investigation on the file of the respondent police. For Petitioner : Mr.A.Gopinath For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 354 of IPC r/w. Section 4 of TNPWH Act subsequently altered into, 354, 294(b), 352, 341 and 506(i) IPC r/w 4 of TNPWH Act in Crime No.1015 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the President of Panchayat and the defacto complainant who is aged about 30 years, her husband is the employee of the Panchayat, since he was not well she came on substitute. The further allegation is that the petitioner had attempted to misbehave with the defacto complainant. Hence the complaint.

3. The learned counsel appeairng for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit on instructions

that the petitioner without prejudice to his defence is prepared to deposit the amount of Rs.25,000/- to the Cancer institute.

4. The learned Additional Public Prosecutor appearing for the respondent would submit the petitioner who is the President of the Panchayat had misbehaved with the defacto complainant who is the employee of the panchayat.

5. Taking into consideration of the facts and circumstances of the case, submissions of the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

(a) The petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit through RTGS/NEFT in favour of the Cancer Institute (WIA) (Regional Cancer Centre), Adyar, Chennai - 600020, bearing A/c.No.149710011005477, Andhra Bank, Madhya Kailash Branch, within fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to be released on bail in the event of his arrest or his appearance and on production of proof of deposit of the above amount and on further condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Ten thousand only) with two sureties each for the likesum to the satisfaction of the learned Judicial Magistrate No-I, Chidambaram, Cuddalore District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

7.With the above directions, this Criminal Original Petition is ordered.

-sd/- 01/12/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE NO.I, CHIDAMBARAM, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, CUDDALORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SETHIYATHOPE POLICE STATION, CUDDALORE DISTRICT.

5 THE CANCER INSTITUTE (WIA)(REGIONAL CANCER CENTRE), ADYAR, CHENNAI - 600020, BEARING A/C.NO.149710011005477, ANDHRA BANK, MADHYA KAILASH BRANCH +1 CC to M/S. A.GOPINATH Advocate on payment of necessary charges SR.No 7855 CRL OP.18804/2020 Date :01/12/2020 MN-07/12/2020